1954-HKRS28-8-21_Part03 — Page 45

Amendment

3.

of section 7

(b) by the deletion of the definition of "business" and by

the substitution therefor of the following-

C

"business" means any form of trade,

commerce,

craftsmanship, profession, calling or other activity carried on for the purpose of gain, but does not include any charitable undertaking :

Provided that a person shall be deemed not to be carrying on a business in respect of an activity from which his sole gain is by way of salary or wages or salary or wages plus commission ;"";

(e) by the addition after the definition of "forgery" of the "

following definition—–

(Cap. 114).

"hawker" has the same meaning as in the

Miscellaneouts Licences Ordinance;"'.

Section of the principal Ordinance is amended-

(a) by the deletion of subsections (1) and (2) and the substitu-

tion therefor of the following-

Firat Schedule.

*(1) As soon as conveniently may be after registration of any business the Director shall by writing under his hand require the applicant on the date therein specified to pay w the Director the fee prescribed in the First Schedule or such lesser fee as the Director in accordance with subsection (5) hereof may direct in respect of the period of twelve months from the date of such registration or from such other date as the Director may determine.

(2) Upon payment by the applicant of the fee, or if no fee is payable then as soon as conveniently may be after registration, the Director shall issue to the applicant a business registration certificate.";

(b) by the deletion of subsection (4):

(e) by the deletion from the fourth line of subsection (5) of

the words "and the profits therefrom'';

3

(d) by the deletion of paragraph (c) of subsection (6) and

the substitution therefor of the following-

4.

"(c) in the case of expiry of any current business registration certificate, within one month after the date of expiry of the certificate, in which event the remission, if granted, shall apply only to the period of twelve months immediately following such date:

Provided that where application for remission has not been made in accordance with either paragraph (a), (b) or (c) the Director may in his absolute discretion in any particular case extend the time within which an application for remission may be entertained by hin.""

Section 8 of the principal Ordinance is repealed and Repeal and replaced by the following section-

"Duty to take out fresh

certificate

on expiry.

8. (1) A business registration certificate shall be valid for period of twelve months from the date of commencement specified therein,

(2) If any person to whom a business registration certificate has been issued continues to carry on a business included upon such certificate after the expiry thereof such person shall-

(a) no later than one month after the date of

expiry of such certificate; or

(b) in the event of an application being made under subsection (5) of section 7, not later than fourteen days after the date on which a direction in answer to such application has been given,

in the manner prescribed pay the appropriate fee, if any, and take out a fresh certificate.

(3) The date of commencement of such certificate shall be the date subsequent to the day on which the former certificate expired."

replacement of section B.